Gender Recognition
(Jersey) Law 2010
A LAW to make provision for, and in
connection with, change in gender
Commencement [see endnotes]
Part 1
Interpretation
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“2001 Law”
means the Marriage
and Civil Status (Jersey) Law 2001;
“applicant”
means a person who makes, or has made, an application for a gender recognition
certificate;
“approved
jurisdiction” means any country or territory that is prescribed;
“Court” means
the Royal Court;
“full certificate”
means a full gender recognition certificate issued under Article 3(2)(a),
4 or 5;
“gender recognition
certificate” means a certificate issued under this Law;
“interim certificate”
means an interim gender recognition certificate issued under Article 3(2)(b);
“Minister”
means the Chief Minister;
“prescribed”
means prescribed by Order of the Minister;
“Superintendent
Registrar” means the person appointed as such under Article 41 of
the 2001 Law.
(2) In
this Law, any reference to a person acquiring a gender, or having an acquired
gender, shall be construed in accordance with Article 8(1) and (2).
Part 2
Issue of gender RECOGNITION
certificate
2 Application
for gender recognition certificate[1]
(1) A
person of full age may apply to the Court for a gender recognition certificate.
(2) An
application for a gender recognition certificate shall be in a form approved by
the Court and shall include –
(a) such
evidence as may be prescribed; and
(b) any
other information or evidence required by the Court, if the Court gives reasons
for so requiring it.
3 Grant
of application for gender recognition certificate
(1) The
Court shall grant an application for a gender recognition certificate if and
only if it is satisfied that the application complies with the requirements of
Article 2.
(2) Upon
granting the application, the Court shall issue to the applicant a gender
recognition certificate.[2]
(3) Subject
to the requirements of this Law, the content and form of a gender recognition
certificate shall be specified in rules of court.[3]
4 [4]
4A [5]
5 [6]
6 Correction
of error in certificate
(1) Where
the applicant or the Attorney General considers that a gender recognition
certificate has been issued containing an error, either of them may apply to
the Court, in a form approved by the Court, for a corrected certificate.
(2) The
Court shall grant an application under paragraph (1) if and only if it is
satisfied that the gender recognition certificate contains an error.
(3) Where
the Court has granted the application it shall issue a corrected certificate to
the applicant.
7 Reference
to Court in case of fraud
(1) If
the Attorney General considers that the grant of an application made under
Article 2, 5 or 6 was secured by fraud, he or she may refer the case to
the Court.
(2) On
a reference under paragraph (1) the Court shall either quash or confirm
the decision to grant the application.
(3) If
it quashes the decision the Court shall revoke the certificate issued on the
grant of the application and may make any order which it considers appropriate
in consequence of, or otherwise in connection with, doing so.
Part 3
Consequences of issue of gender
recognition certificate[7]
8 General
rule for acquisition of gender
(1) Upon
the issue of a gender recognition certificate to a person, the person acquires,
for all purposes in Jersey, the gender to which he or she has changed.[8]
(2) Accordingly –
(a) if
the person’s acquired gender is the male gender, the person’s
gender becomes that of a man;
(b) if
the person’s acquired gender is the female gender, the person’s
gender becomes that of a woman.
(3) The
acquisition of a gender by a person –
(a) does
not affect things done, or events occurring, before the gender recognition
certificate is issued;
(b) does
operate for the interpretation of enactments, instruments and any other
documents, whenever passed or made.[9]
(4) This
Article is subject to the following provisions of this Part and to any other
enactment.
9 Alteration
of registers
(1) The
Schedule has effect to provide for the alteration of public registers
consequentially upon the issue, correction or revocation of a gender
recognition certificate, and for connected purposes.[10]
(2) The
States may by Regulations amend the Schedule.
10 Parenthood
The fact that a person
acquires a gender does not affect the status of the person as the father or
mother of a child.
11 Succession
The fact that a person
acquires a gender does not affect the disposal or devolution of property under
a will or other instrument made before the commencement of this Law.
12 Titles
The fact that a person
acquires a gender –
(a) does
not affect the descent of any peerage or dignity or title of honour; and
(b) does
not affect the devolution of any property limited (expressly or not) by a will
or other instrument to devolve (as nearly as the law permits) along with any
peerage or dignity or title of honour unless an intention that it should do so
is expressed in the will or other instrument.
13 Trustees,
executors or administrators
(1) A
trustee, executor or administrator is not under a duty, by virtue of the law
relating to trusts or the administration of estates, to enquire, before
transferring or distributing any property, whether a gender recognition
certificate has been issued to a person or revoked (if that fact could affect
entitlement to the property).[11]
(2) A
trustee, executor or administrator is not liable to any person by reason of a
transfer or distribution of the property made without regard to whether a gender
recognition certificate has been issued to a person or revoked if the trustee,
executor or administrator has not received notice of the fact before the
transfer or distribution.[12]
(3) This
Article does not prejudice the right of a person to follow the property, or any
property representing it, into the hands of another person who has received it
unless that other person has purchased it for value in good faith and without
notice.
14 Orders
where expectations defeated
(1) Where
the disposition or devolution of any property under a will or other instrument
(made after the commencement of this Law) is different from what it would be
but for the fact that a person has acquired a gender, a person may apply to the
Court for an order on the ground of being adversely affected by the different
disposition or devolution of the property.
(2) The
Court may, if it is satisfied that it is just to do so, make in relation to any
person benefiting from the different disposition or devolution of the property
such order as it considers appropriate.
(3) The
order may, in particular, make provision for –
(a) the
payment of a lump sum to the person who applied under paragraph (1);
(b) the
transfer of property to the person who applied under paragraph (1);
(c) the
settlement of property for the benefit of the person who applied under
paragraph (1); or
(d) the
acquisition of property and either its transfer to the person who applied under
paragraph (1) or its settlement for the benefit of that person.
(4) The
order may contain consequential or supplementary provisions for giving effect
to the order or for ensuring that it operates fairly as between the person who
applied under paragraph (1) and the other person or persons affected by
it.
(5) Without
prejudice to the generality of paragraph (4) the order may confer powers
on trustees.
15 [13]
16 Gender-specific
offences
(1) Where
a relevant gender-specific offence could be committed or attempted only if the
gender of a person to whom a gender recognition certificate has been issued
were not the gender thereby acquired, the fact that the person’s gender
has become that acquired gender does not prevent the offence being committed or
attempted.[14]
(2) In
this Article “relevant gender-specific offence” means an offence
that involves the accused engaging in sexual activity and in respect of which
either or both of the conditions in paragraph (3) are satisfied.
(3) The
conditions are –
(a) that
the offence may be committed only by a person of a particular gender; and
(b) that
the offence may be committed only on, or in relation to, a person of a
particular gender,
and the references to a
particular gender include a gender identified by reference to the gender of the
other person involved.
17 Foreign
gender change and civil partnership[15]
(1) A
person’s gender is not to be regarded as having changed by reason only
that the person has changed gender in accordance with the law of a country or
territory outside Jersey (whether or not an approved jurisdiction).
(2) Accordingly,
a person is not to be regarded as being in a civil partnership by reason of
having entered into a foreign post-recognition civil partnership.[16]
(3) Notwithstanding
paragraph (2), on and from the issue of a gender recognition certificate
to a person who has entered into a foreign post-recognition civil partnership,
the civil partnership is no longer to be regarded as being void on the ground
that (at the time when it was entered into) the parties to it were not either
both male or both female.[17]
(4) Paragraph (3) does
not apply to a foreign post-recognition civil partnership if a party to it has
entered into a later, valid, marriage or civil partnership before the issue of
the gender recognition certificate.[18]
(5) [19]
(6) For the purposes of
this Article a person has entered into a foreign post-recognition civil
partnership if, and only if –
(a) the
person has entered into a civil partnership in accordance with the law of a
country or territory outside Jersey;
(b) before
the civil partnership was entered into the person changed his or her gender in
accordance with the law of that or any other country or territory outside
Jersey;
(c) the
gender of the other party to the civil partnership was the opposite to that of
the person, before the person changed gender; and
(d) by
virtue of paragraph (1) the person’s gender was not regarded as
having changed.[20]
Part 4
Supplementary
18 Prohibition
on disclosure of information
(1) It
is an offence for a person who has acquired protected information in an
official capacity to disclose the information to any other person.
(2) “Protected
information” means information that relates to any applicant that –
(a) concerns
any application under this Law by the applicant; or
(b) if
the applicant’s application under Article 2(1) is granted, otherwise
concerns his or her gender before it becomes the acquired gender.
(3) A
person acquires protected information in an official capacity if he or she
acquires it –
(a) in
connection with the person’s functions as an employee of the States of
Jersey, a member of a parish authority, a police officer or the holder of any
other public office or honorary office or in connection with the functions of a
parish or public authority or of a voluntary organization;
(b) as an
employer, or prospective employer, of an applicant to whom the information
relates or as a person employed by such an employer or prospective employer; or
(c) in
the course of, or otherwise in connection with, the conduct of business or the
supply of professional services.
(4) However
it is not an offence under this Article to disclose protected information
relating to an applicant if –
(a) the
information does not enable the applicant to be identified;
(b) the
applicant has agreed to the disclosure of the information;
(c) the
information is protected information by virtue of paragraph (2)(b) and the
person by whom the disclosure is made does not know or believe that a gender
recognition certificate has been issued;
(d) the
disclosure is in accordance with an order of a court or tribunal;
(e) the
disclosure is for the purpose of instituting, or otherwise for the purposes of,
proceedings before a court or tribunal;
(f) the
disclosure is for the purpose of preventing or investigating crime;
(g) the
disclosure is made to the Superintendent Registrar or the Judicial Greffier for the purposes described in the Schedule;
(h) the
disclosure is made for the purposes of the social security system or a pension
scheme;
(i) the
disclosure is in accordance with provision made by an Order under paragraph (6);
or
(j) the
disclosure is in accordance with any provision of, or made by virtue of, an
enactment other than this Article.[21]
(5) A
person shall not be taken to have disclosed protected information by reason
only that another person infers, from any entry, record or marking made in
accordance with the Schedule, that the entry, record or marking is made as a
consequence of the issue of a gender recognition certificate.[22]
(6) The
Minister may by Order prescribe circumstances in which the disclosure of
protected information does not constitute an offence under this Article.
(7) An
Order under paragraph (6) may permit –
(a) disclosure
to specified persons or persons of a specified description;
(b) disclosure
for specified purposes;
(c) disclosure
of specified descriptions of information; or
(d) disclosure
by specified persons or persons of a specified description.
(8) A
person guilty of an offence under this Article is liable to a fine of
level 3 on the standard scale.[23]
19 Procedure
and rules of court
(1) The
Court shall –
(a) determine
applications under this Law in private;
(b) determine
applications on the papers unless it considers that an oral hearing is
necessary.
(2) The
power to make rules of court under Article 13 of the Royal Court
(Jersey) Law 1948 shall include the power to make rules for the
purposes of this Law, and shall include the power to specify any matter that,
under this Law, shall or may be specified by the Court.
20 Orders
The Minister may by Order
prescribe anything that shall or may be prescribed under this Law.
21 Consequential
amendments
The States may by
Regulations amend any enactment or modify any enactment in relation
to –
(a) persons
of an acquired gender; or
(b) any
description of such persons.
22 Supplementary
powers
Any power under this Law
of the States to make Regulations or of the Minister to make Orders includes
power to make incidental, supplementary, consequential or transitional
provision or savings.
23 Citation
This Law may be cited as
the Gender Recognition (Jersey) Law 2010.
Schedule[24]
(Article 9)
Alteration of registers
1 Re-registration of birth
(1) This
paragraph applies where the birth of a person to whom a gender recognition
certificate is issued was registered in Jersey.
(2) The
Court shall send a copy of the gender recognition certificate to the
Superintendent Registrar.
(3) If
the relevant registration duties are retained for the parish in which the
person’s birth was registered, the Superintendent Registrar shall furnish
the registrar of the parish concerned with the following particulars contained
in the gender recognition certificate –
(a) the
person’s acquired gender; and
(b) the
person’s acquired name.
(4) The
relevant registrar for the parish in which the person’s birth was
registered shall –
(a) re-register
the birth so as to record the particulars furnished;
(b) mark
the person’s original birth entry “re-registered by the
Superintendent Registrar”;
(c) make
such other entries as may be necessary to record and make traceable the
connection between the original birth entry and the re-registered entry; and
(d) amend
accordingly any index of birth entries that he or she keeps.
(5) The
entries and marking required by sub-paragraph (4) shall be such that the
reason for re-registration would not be disclosed –
(a) to a
person searching the register or any index; or
(b) in a
certified copy of the person’s birth certificate.
(6) Where,
under Article 6, there is a correction of a gender recognition certificate
that affects the person’s acquired name –
(a) the
Court shall send a copy of the corrected gender recognition certificate to the
Superintendent Registrar;
(b) the
Superintendent Registrar shall amend the entries made under
sub-paragraph (4) accordingly; and
(c) if
the relevant registration duties are retained for the parish in which the
person’s birth was registered, the Superintendent Registrar shall furnish
the registrar of the parish concerned with the corrected acquired name.
(7) Where,
pursuant to Article 7, a gender recognition certificate is
revoked –
(a) the
Court shall send a copy of its order revoking the certificate to the
Superintendent Registrar; and
(b) the
registrar shall, at the direction of the Superintendent Registrar, cancel any
entries and marking made under sub-paragraph (4).
(8) The
Superintendent Registrar is the informant, for the purposes of Article 72
of the 2001 Law, of any re-registration or correction under this
paragraph.
(9) In
this paragraph –
(a) “relevant
registrar” and “relevant registration duties” have the same
meaning as they have in the 2001 Law; and
(b) references
to the relevant registration duties being retained are to be construed in
accordance with that Law.
2 Adopted Children Register
(1) This
paragraph applies where the adoption of a person to whom a gender recognition
certificate is issued is entered in the Adopted Children Register.
(2) The
Court shall send a copy of the gender recognition certificate to the
Superintendent Registrar.
(3) The
Superintendent Registrar shall cause the entry for the person in the Adopted
Children Register to be amended so as to record –
(a) the
person’s acquired gender; and
(b) the
person’s acquired name,
and shall amend
accordingly the index to the Adopted Children Register.
(4) The
entries and marking required by sub-paragraph (3) shall be such that the
reason for re-registration would not be disclosed –
(a) to a
person searching the index; or
(b) in a
certified copy of the entry in the Adopted Children Register.
(5) Where,
pursuant to Article 6, there is a correction of a gender recognition
certificate that affects the person’s acquired name –
(a) the
Court shall send a copy of the corrected gender recognition certificate to the
Superintendent Registrar; and
(b) the
Superintendent Registrar shall cause the amended entry made under sub-paragraph (3)
to be corrected accordingly.
(6) Where,
pursuant to Article 7, a gender recognition certificate is
revoked –
(a) the
Court shall send a copy of its order revoking the certificate to the
Superintendent Registrar; and
(b) the
Superintendent Registrar shall cancel any entries and marking made under
sub-paragraph (3).
(7) In
this paragraph, “Adopted Children Register” has the same meaning as
in the Adoption
(Jersey) Law 1961.
3 Public Registry of
Contracts, Register of Procurations and Register of Obligations
(1) This
paragraph applies where, before the issue of a gender recognition certificate
to a person, the person’s name was recorded in the books of the Public
Registry of Contracts, the Register of Procurations or the Register of
Obligations.
(2) The
Court shall direct the Judicial Greffier
to –
(a) record
the person’s acquired name and, if appropriate, the person’s
acquired gender, in each of those Registers in which it appears; and
(b) make
such other entries as may be necessary to make traceable the connection between
the person’s name as it originally appeared and the person’s
acquired name.
(3) Where,
pursuant to Article 6, there is a correction of a gender recognition
certificate that affects the person’s acquired name the Court shall
direct the Judicial Greffier to correct any record or
other entry made under sub-paragraph (2) accordingly.
(4) Where,
pursuant to Article 7, a gender recognition certificate is revoked, the
Court shall direct the Judicial Greffier to cancel
any record or other entry made under sub-paragraph (2).